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Download Constitutional Design for Divided Societies: Integration or by Sujit Choudhry PDF

By Sujit Choudhry

How should still constitutional layout reply to the possibilities and demanding situations raised by means of ethnic, linguistic, spiritual, and cultural alterations, and achieve this in ways in which advertise democracy, social justice, peace and balance? this can be the most tricky questions dealing with societies on this planet at the present time.

There are colleges of inspiration on easy methods to solution this question. less than the heading of "accommodation", a few have argued for the necessity to realize, institutionalize and empower transformations. there are a selection of constitutional tools to be had to accomplish this target, similar to multinational federalism and administrative decentralization, felony pluralism (e.g. spiritual own law), other kinds of non-territorial minority rights (e.g. minority language and non secular schooling rights), consociationalism, affirmative motion, legislative quotas, and so forth. yet others have countered that such practices may well entrench, perpetuate and exacerbate the very divisions they're designed to control. They suggest a variety of substitute innovations that fall lower than the rubric of "integration" that may blur, go beyond and cross-cut variations. Such techniques comprise debts of rights enshrining common human rights enforced by way of judicial overview, rules of disestablishment (religious and ethnocultural), federalism and electoral structures designed in particular to incorporate individuals of alternative teams in the comparable political unit and to disperse contributors of an identical team throughout various devices, are a few examples.

In this quantity, best students of constitutional legislation, comparative politics and political concept deal with the talk at a conceptual point, in addition to via a number of nation case-studies, via an interdisciplinary lens, yet with a felony and institutional focus.

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Lijphart, supra note 5, at 24. Bridging comparative politics and comparative constitutional law 27 But as McGarry, O’Leary, and Simeon note, this is a set of assumptions that does not underlie every set of constitutional strategies on how to respond to the facts of a divided society. The overview chapter distinguishes between two general approaches to this issue. Each proceeds from a different set of assumptions about the durability and depth of ethnic political divisions. On the one hand, there are “accommodationists”, who “insist that in certain contexts, national, ethnic, religious and linguistic divisions and identities are resilient, durable and hard”.

The next three sections of this introduction address the following issues: the debate between Arend Lijphart and Donald Horowitz which has defined the approach of comparative politics to constitutional design for divided societies (section 2); the relationship between the overview chapter by McGarry, O’Leary, and Simeon and that debate (section 3); and the contributions of the remaining Bridging comparative politics and comparative constitutional law 15 chapters to the choice between integration and accommodation set up by the overview chapter (section 4).

Lijphart suggests that a minority will instead seek credible commitments of security and protection from abuse. By way of illustration, Lijphart suggests that vote pooling in Iraq would produce a government dominated by the Shia but supported by Sunni and Kurds , and that “it is . . hard to imagine that Kurdish and Sunni members of a broadly representative constituent assembly would ever agree to a constitution that would set up such a system”. ⁷⁶ On this point, Horowitz appears ⁷⁴ Id. at 192.

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